Why You Need a Lawyer After a Slip and Fall at Walmart

Why You Need a Lawyer After a Slip and Fall at Walmart

Walmart is one of the world’s largest retailers and one of the most challenging companies to sue or recover money from after an accident.

You need a lawyer after a slip and fall at Walmart. But how can a slip and fall attorney help you, and what are the benefits of having legal representation when handling an injury claim against a retail giant like Walmart?

SCHEDULE A FREE CONSULTATION

How Walmart Slip and Fall Accidents Occur and Who’s Liable for Them

Each year, there are more than one million visits to emergency rooms for injuries caused by slips and falls. Many of these accidents occur on commercial properties like Walmart stores.

The causes of slip and fall accidents at Walmart vary and may include: 

• Freshly mopped floors. Freshly mopped floors are often slippery and, if not properly marked with warning signs, can pose a significant risk for customers who unsuspectingly walk over them. Who is liable? Walmart is generally liable if its employees fail to provide adequate warnings, such as caution signs indicating potential danger to customers. 
• Spilled liquids on the floor. Food and liquid spills are common in grocery and retail stores. A customer might slip and fall if the liquid is not cleaned up promptly and warning signs are not posted. Who is liable? The liability can fall on Walmart if the staff was aware of the spill and did not act in a reasonable timeframe to clean it up or warn customers of the hazard.
• Slippery entrances. Entrances can become slippery during rainy or snowy weather when water and debris are tracked inside by customers’ shoes. Who is liable? Walmart would likely be liable if mats, signs, or other preventive measures were not in place to keep the area reasonably safe for customers to enter and exit.
• Poor lighting. Poor lighting can result in customers not seeing potential hazards, such as wet floors or obstacles, leading to a fall. Who is liable? If the area was inadequately lit and contributed to an accident, Walmart may be liable for not maintaining a safe environment.
• Debris or clutter on the floor. Items left on the floor or clutter not removed on time can cause a customer to trip and fall. Who is liable? In such cases, Walmart will be liable if it can be shown that its employees did not keep the premises clear of hazards that can cause a customer to trip and fall.

Regardless of how your accident occurs, document the scene where you got injured.

What Is Walmart’s Liability for Slip and Fall Accidents?

Premises liability is a legal concept typically used in personal injury cases where some unsafe or defective condition caused the injury on someone’s property. Businesses like Walmart must maintain reasonably safe conditions on their premises so visitors are not injured. It includes handling potential slip and fall hazards such as spilled liquids, uneven floors, or walkway obstructions.

To hold Walmart liable for a slip and fall accident, several factors are taken into consideration:

• Negligence. There must be proof that Walmart knew or should have reasonably known about the hazardous condition and failed to correct it. It is called negligence. 
• Causation. The dangerous condition must directly cause the slip and fall accident.
• Injury. The victim must have sustained an injury as a result of the fall.

Additionally, the time frame in which Walmart was aware of the hazard but did not take action to remedy it may play a crucial role in establishing liability.

For example, if a shopper spills milk and seconds later, another shopper slips on the spilled milk and falls, Walmart’s liability will be difficult to establish.

By contrast, if hours passed between the moment the shopper spilled milk and the slip and fall accident, the injured victim will most likely be able to hold Walmart liable for failing to clean up the spill within a reasonable amount of time. 

How Companies Like Walmart Reduce Payouts to Victims

Since Walmart has a net worth of hundreds of billions of dollars, you might think the company will pay an adequate and reasonable sum if you get injured on its property and file a compensation claim.

Wrong.

Here are the common ways companies like Walmart avoid paying victims the compensation they deserve: 

• Arguing lack of negligence on their part. One of the foundational defenses companies like Walmart employ is to demonstrate that they were not negligent. Businesses like Walmart have protocols in place to ensure the safety of their customers, from regular inspections to clean-up schedules. If they can prove that they followed these protocols, they may argue that any hazard was not a result of their negligence or was so transitory that they could not have reasonably anticipated it.
• Arguing the injured victim was negligent. Another strategy is to shift some or all the blame onto the injured party. Companies often claim that the victim was not paying attention to where they were going, was on the part of the property they should not have been, or was acting recklessly. This tactic relies on the principle of comparative negligence, which can reduce or eliminate liability if the victim is found to be partially or wholly at fault for their injuries.
• Challenging the extent of the injuries. Retail giants are also known to contest the severity of the victim’s injuries. By disputing medical reports or requesting independent medical examinations, these companies try to establish that the injuries are less severe than claimed, thus reducing the amount they might need to pay.
• Making a settlement offer that does not fully compensate the victim. Quick settlement offers are a common tactic to avoid larger payouts. Companies might approach a victim early on with a settlement offer that can appear generous initially but might not fully cover long-term medical costs, lost income, and other losses. Victims not versed in the potential value of their claims might accept these offers, inadvertently settling for less than they may deserve.
• Delaying the claims process. The legal process can be lengthy in and of itself, but companies like Walmart may make it even longer. By drawing out proceedings, companies bet on the victim’s lack of resources or energy to continue fighting the case, which can sometimes pressure the injured party into accepting a lower settlement than they can potentially obtain through continued litigation.
• Denying surveillance footage access. Access to evidence like surveillance footage can play a pivotal role in Walmart slip and fall accident cases. The company may make it difficult for victims to get this footage, claim it does not exist, or even that it has been erased over time. Limiting access to such evidence can weaken a victim’s case, thereby reducing the payout amount.

Having a lawyer in your corner can help fight against these tactics and make recovering damages more favorable.

Benefits of Working with a Lawyer After a Slip and Fall at Walmart

Consider the following advantages of hiring a slip and fall attorney if you have suffered an injury in a slip and fall accident at Walmart:

Explain your rights and legal options

When you work with a lawyer post-incident, you immediately understand your rights and the legal pathways you can take. Your lawyer will use their knowledge and experience to clarify your doubts and present you with your available recourse options. It can provide reassurance during what is often a stressful time.

Conduct a thorough investigation to determine Walmart’s liability

A lawyer brings to the table the ability to conduct a meticulous investigation into the elements of your case. Determining the liability of a corporation like Walmart is challenging, as it may require a nuanced approach and understanding of premises liability law.

Your lawyer will assist you in collecting all necessary evidence that substantiates the claim that Walmart was responsible for the unsafe conditions that led to your injury.

Handle all dealings and communications with Walmart, its insurance company, and its lawyers

Managing communications can be challenging in such cases, especially when dealing with large corporations, their insurance companies, and their legal teams.

A lawyer takes over this burden, efficiently handling all interactions with Walmart’s legal team and insurance representatives. It serves to protect you from tactics that may undermine your claim and ensure professional and effective negotiation.

Calculate how much your claim against Walmart is worth

One of the pressing questions after slip and fall accidents at Walmart is the compensation you deserve.

Calculating your claim’s worth encompasses various factors, including medical bills, loss of income, diminished quality of life, pain and suffering, and other losses. Having a precise, lawyer-approved figure on hand strengthens your position.

Negotiate a settlement on your behalf, advising you on whether you should accept or decline offers

Negotiation can be demanding, often ending in settlement offers from the opposite party. Your lawyer becomes a vital advisor here, bringing insight into whether a settlement offer justly compensates for your losses or if you should hold out for a better deal or go to trial.

Take your case to court and represent you at trial

If negotiations reach an impasse and a fair settlement remains out of reach, your lawyer will be prepared to take matters to court. They represent you at trial, present your case robustly and advocate for your rights. A lawyer’s representation can improve the chances of your claim.

Consult your Las Vegas personal injury lawyer today. Case evaluations are free.